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Birth Injury Lawyers For most families the birth of a child is a joyful event. However, sometimes babies are born with horrific injuries that require years of care and attention. You may be able file a malpractice suit when a doctor's conduct, or the lack thereof, fell below the standard of medical care, and the birth injury that resulted in the case caused damages. Medical Malpractice Most births are healthy and happy, but nurses, doctors and other healthcare professionals can make mistakes. These mistakes can result in various serious injuries for mothers and their babies. These errors are usually caused by medical malpractice. Atlanta birth injury lawyers can assist families to file claims for compensation against negligent healthcare providers. The first step is to prove that the doctor owed the plaintiff a duty of care. This obligation can be established through records, medical expert testimony or any other evidence that proves the healthcare provider didn't adhere to the requirements of their profession in the particular situation. This standard could be laid out in the laws and regulations that govern the healthcare industry or by professional institutions, like medical boards. The next step is to establish that the breach of duty of care caused an injury. This can be done in the event that the healthcare professional does not treat the injury or other measures to prevent injury. One example of this type of negligence could be the doctor's failure to request an emergency C-section when the mother's contractions became increasingly stronger. This failure to act can lead to the death of a patient who was not properly notified. Another instance of negligence is when a healthcare professional fails to observe the baby's heartbeat while in labor or a doctor who diagnoses the mother's health wrongly prior to the birth. In these cases, the doctor may fail to inform parents of their treatment options and the risks that are involved. When a child is born with a birth defect the family may be burdened with a host of costs like ongoing medical bills and compensation to cover the long-term effects. ReShea Balams is an Atlanta birth injury attorney works with clients in Georgia to make negligent doctors accountable for their errors. She helps her clients to obtain compensation for their emotional and financial loss. Birth Injuries Births do not come without complications. Three out of 100 births are accompanied by serious birth injuries. While not all injuries are preventable, many of the conditions that arise during labor and delivery result from medical negligence. Our Atlanta birth injury attorneys can help you determine if the birth injury your child sustained was caused by medical malpractice during labor or delivery. Birth injuries can be devastating to families, especially when the condition will affect their child for the rest of his or her life. If your child's condition is the result of medical negligence, then you may be entitled compensation for future treatment, suffering, pain, loss of wages, and other damages. The term “birth injury” is broadly defined and may include emotional and physical trauma. Physical birth injuries include everything from skull fractures to bruises. They can also include brain injuries, for example an absence of oxygen (hypoxic-ischemic encephalopathy), which causes cerebral palsy as well as developmental delays. atlanta birth injury lawyer can also include damage to the spinal cord which could lead to paralysis or amputation. Similar to emotional birth injuries, emotional birth injuries can also include post-traumatic stress disorders and other psychological trauma stemming from a negligent medical birth. These kinds of birth injuries are harder to quantify but can be equally serious. By identifying the risk factors of the mother for these problems, many birth defects can easily be prevented. Doctors can then plan for any potential problems and provide preventive procedures, like an amniocentesis. In cases of an inherited defect or a preexisting condition, however doctors are not able to prevent the onset of symptoms even if they recognize them before the child's birth. Despite the many tests conducted during pregnancy, not all complications are easily detected or avoided. A baby may suffer injuries to the skull as a result of the improper use of a device for delivery or excessive force applied during the delivery. This can result in cerebral palsy and/or hypoxic-ischemic brain injury, and also Erb's Palsy which is a condition in which nerves in the upper arms are damaged, causing weakness or paralysis. Damages When a child suffers an injury during birth and suffers a traumatic birth, it can affect not just the family physically and financially, but emotionally as well. The damages awarded to a family in a lawsuit is intended to compensate the family for their losses. The amount of compensation received will depend on a variety of aspects, including the nature and severity of the injury and how it has affected the child's life quality. A good Atlanta birth injury lawyer can help families calculate their losses, which are typically comprised of non-economic and economic losses. Economic damages can include medical costs as well as future requirements for care and other expenses. A birth injury lawyer can help determine the future and past costs of a child’s injuries by working closely with experts, examining medical records, doctor's recommendations, and expert opinions. In addition to calculating a lifetime's worth of medical expenses, a birth injury lawyer will also collaborate with financial and medical specialists to develop an Life Care Plan that accounts for the impact that a child's injuries could affect their future. This can include the need for assistive devices, ongoing therapy or educational interventions. Many birth injuries cases result in settlements rather than trials. A skilled birth injury attorney is familiar with the medicine involved, as well as the local courts and Georgia juries and is able to negotiate effectively on behalf of a family's behalf. However, if the settlement is not reached, the attorney will bring a medical malpractice suit on behalf of the family. They will also gather more evidence through discovery, which may include sworn testimony from witnesses. Parents of children who are injured must keep detailed records, including receipts, to prove their legal claims. If these documents are not kept they could be used to decrease the value of a case or to reduce the amount given by an insurance company or a court. Therefore, it is vital to consult with an attorney with expertise in medical malpractice law and can handle complicated cases involving birth injuries. The expertise of the lawyer will ensure that the hospital or doctor is accountable for their actions and that a fair settlement is reached. Statute of limitations As a mother-to-be, you trust your doctors and nurses to ensure that your baby's birth is as safe as it can be. However, unfortunately healthcare professionals are human, and mistakes can happen. These mistakes can cause serious injuries to the mother and child. If the injuries are the result of medical negligence, the victims could file a lawsuit. A lawyer can look into the claim and determine who was at fault for the injury your child sustained. They will determine the amount of damages you could receive, which includes the reimbursement for medical expenses as well as longer-term needs. You should seek legal advice as soon as possible. The statute of limitations is the most time-bound amount of time that you can start legal procedures. The clock starts from the date of the incident. If you fail to meet the deadline, your case could be dismissed. For adults the statute of limitations in Georgia is two years from the date of the injury. The statute of limitations for minors' cases is different. Georgia's Official Annotated Code 9-3-73 states that you can bring a medical negligence lawsuit against a doctor for a birth defect up until the child reaches age 5. In medical malpractice cases, a plaintiff has to show that the healthcare provider was under an obligation to provide the highest level medical care. The plaintiff must also prove that the healthcare provider violated this duty by committing a negligent act or omission that caused the injury. The Atlanta birth injury lawyers at Miller Weisbrod Olesky will hire one or more medical experts to prove that the healthcare professional's actions or inaction violated the standard of care. The amount of damages that are awarded in a medical negligence case depends on the severity and extent of the injuries, and how they affect the life of the victim and that of their family. It is crucial to seek out the help of an attorney who has experience. They can assist you in constructing a strong claim to receive the compensation that you deserve. They will also gather all the required documents and evidence to support your claim.